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TC-1 3600 - MINERAL MATERIAL DISPOSAL

Table of Contents .01 .02 .03 .04 .05 .06 .07 .1 Purpose Objectives Authority Responsibility References Policy File and Record Maintenance Limitations A. Disposal Prohibited B. Disposal Restricted .2 Unauthorized Use

BLM MANUAL Supersedes Rel. 3-80 and 3-213

Rel. 3-314 2/22/02

.01 3600 - MINERAL MATERIAL DISPOSAL

.01 Purpose. This manual section provides the policies, procedures, and references for processing the disposal, exploration, development, and mining of mineral materials, and reclamation of lands disturbed by such activities. .02 Objectives. To assure that mineral material disposal are processed within prescribed Departmental procedures and judicial case laws on the matter. .03 Authority. A. Laws.

1. The Materials Act of July 31, 1947 (61 Stat. 681, 30 U.S.C. 601 et seq.) as principally amended by: a. The Act of July 23, 1955, Public Law 167 (69 Stat. 367, 30 U.S.C. 601) and b. The Act of September 28, 1962 (76 Stat. 652, 30 U.S.C. 601). 2. The Federal Land Policy and Management Act of 1976 (31 U.S.C. 1732 and 1734). 3. The Independent Offices Appropriations Act of 1952 (31 U.S.C. 9701). 4. and 317). 5. Stock-Raising Homestead Act of 1916 (43 U.S.C. 299, as amended; (39 Stat. 865; 107 Stat 60)). 6. Taylor Grazing Act of 1934 (48 Stat. 1272, as amended; 43 U.S.C. 315g). The Federal Highway Act of 1958 (23 U.S.C. 107(d)

BLM MANUAL Supersedes Rel. 3-80 and 3-213

Rel. 3-314 2/22/02

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7. Small Tract Act of 1938, (52 Stat. 609), as amended by the Act of June 8, 1954 (68 Stat. 239; 43 U.S.C. 682a). 8. Alaska Native Allotment Act of 1906, (43 U.S.C. 270-273, 34 Stat. 197, as amended by 70 Stat. 954). 9. U.S.C. 1601). Alaska Native Claims Settlement Act of 1971, (43

10. Reclamation Project Act of August 4, 1939. (43 U.S.C. 387). B. Regulations. 1. 2. 43 CFR 3600 - Mineral Materials Disposal 43 CFR 3710 - Public Law 167; Act of July 23, 1955

3. 43 CFR 3814 - Disposal of Reserved Minerals Under the Stockraising Homestead Act. 4. 5. C. 6, 1983). 2. United States v. Coleman, 390 S.Ct 599 (April 22, 1968) 3. McClarty v. Secretary of the Interior, 408 F.2d 907, 908 (9th Cir. 1969) 43 CFR 1810 - Public Administrative Procedures 43 CFR 9230 - Trespass

Case Law. 1. Watt v. Western Nuclear, Inc., 103 S.Ct 2218 (June

BLM MANUAL Supersedes Rel. 3-80 and 3-213

Rel. 3-314 2/22/02

.04 3600 - MINERAL MATERIAL DISPOSAL .04 Responsibility.

A. The Director and Deputy Director are responsible for establishing overall policy and guidance for the management of mineral resources administered by the Bureau of Land Management (BLM). This responsibility is exercised through the Assistant Director, Minerals, Realty and Resource Protection. B. State Directors, or designated Authorized Officers are responsible for the management of mineral materials administered by the BLM, within their respective areas of jurisdiction. .05 References. See BLM Handbook H-3600-1

.06 Policy. It is BLM policy to dispose of mineral materials, provided adequate measures are taken to protect the environment and that damage to public health and safety is minimized. Since disposal of mineral materials is discretionary, no disposals will be made if it is determined by the Authorized Officer that the total damage to public lands and resources would exceed the expected public benefits derived from any proposed disposal. .07 File and Record Maintenance. Refer to GRS/BLM Combined Records Schedule.

BLM MANUAL Supersedes Rel. 3-80 and 3-213

Rel. 3-314 2/22/02

.1 3600 - MINERAL MATERIAL DISPOSAL

.1

Limitations.

A. Disposal Prohibited. The BLM will not dispose of mineral materials if any of the following conditions exist: 1. The lands are included in National Parks, National Monuments, National Forests, National Wilderness Areas, or Indian Lands. 2. There are conflicting non-mineral applications or entries pending which involve title to the mineral estate, such as sales or exchanges. 3. Disposal would be in conflict with the current BLM land use plan. 4. B. Disposal is otherwise prohibited by law.

Disposal Restricted.

1. Withdrawn Lands. Disposals may be made from lands withdrawn on behalf of another Federal department or agency (other than Interior), State or local government agency, if the other department or agency consents to the disposal. (See 43 CFR 3601.13.) 2. Restricted Lands.

a. Disposal of mineral material from powersite lands, administered by the Federal Energy Regulatory Commission (FERC), is allowed under a July 20, 1966, memorandum of understanding between the BLM and FERC.

BLM MANUAL Supersedes Rel. 3-80 and 3-213

Rel. 3-314 2/22/02

.1B2b 3600 - MINERAL MATERIAL DISPOSAL b. Disposals from lands withdrawn or acquired on behalf of the Bureau of Reclamation are allowed pursuant to a March 25, 1983, memorandum of understanding between BLM and the Bureau of Reclamation. 3. Stockraising Homestead Act (SRHA) Lands. Disposal of mineral materials from SRHA lands may be made by the BLM, provided conditions found in Section 9 of the 1916 Act and in 43 CFR 3814 are met. 4. Acquired Lands. Material disposals may be made from acquired lands managed by BLM under the same procedures and authorities as disposals from public lands, unless otherwise prohibited by terms of the conveyance document. For disposals from Section 8, Taylor Grazing Act acquisitions, each conveyance document must be reviewed to determine the extent of the mineral reservation and any additional provisions governing the disposition of minerals. 5. Small Tract. Disposal of mineral materials from Small Tract lands (lands patented under the Small Tract Act of 1938) may be made by the BLM under the same procedures and authorities as disposals from public lands, unless otherwise prohibited by terms of the conveyance document. Each Small Tract conveyance document involved in the disposal must be reviewed to determine the extent of the mineral reservation and any additional provisions governing the disposition of minerals.

BLM MANUAL Supersedes Rel. 3-80 and 3-213

Rel. 3-314 2/22/02

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6. Alaska. BLM may not dispose of mineral materials from lands included in a native allotment either before or after a certificate of allotment under the Alaska Native Allotment Act of May 17, 1906, has been issued. Disposal from lands selected, but not conveyed, under the Alaska Native Claims Settlement Act (ANCSA) may be made only under provisions of 43 CFR 2650.1 and special procedures provided by the Secretary. Disposals may not be made from lands selected by, but not yet conveyed to, the State of Alaska. In addition all disposals must be made in accordance with Chapter II of BLM Manual Handbook H3600-1. 7. Jurisdictional Boundaries. Material disposals, that which by nature of the mining unit necessitate overlaps between Forest Service and BLM jurisdictional boundaries may be accomplished by a specific memorandum of understanding. BLM will claim if with the incident 8. Lands Encumbered with Unpatented Mining Claims. not dispose of mineral materials from unpatented mining such a disposal would endanger or materially interfere mining, processing, or exploration and reasonably activities.

The BLM will not dispose of mineral materials from a pre-July 23, 1955,unpatented mining claim without making a determination that it has a right to dispose of mineral material from the claim. Chapter X of BLM Manual Handbook H-3600-1 provides guidance for disposal from unpatented mining claims.

BLM MANUAL Supersedes Rel. 3-80 and 3-213

Rel. 3-314 2/22/02

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.2 Unauthorized Use. Except when authorized by sale, permit, or other authorized use under the laws and regulations of the Department of Interior, the extraction, severance, or removal of mineral materials from public lands under the jurisdiction of the Department of the Interior is unauthorized use. Procedures for reporting and processing unauthorized use cases must conform to BLM Manual 9230, 9235, and BLM Manual Handbook H-9235-1. Procedures for collection of damages can be found in BLM Manual 9235 and BLM Manual Handbook H-9235-1.

BLM MANUAL Supersedes Rel. 3-80 and 3-213

Rel. 3-314 2/22/02